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(영문) 대구지방법원김천지원 2014.08.20 2014가단4169
대여금등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 25,00,000 and 5% per annum from August 31, 2006 to June 3, 2014.

Reasons

1. Basic facts

A. In relation to the traffic accident as of July 1, 2003, the network E (hereinafter “the network”) paid KRW 50,000,000 to Defendant B for insurance proceeds.

B. Around March 2006, Defendant B prepared a certificate of borrowing that the deceased shall return KRW 25,000,000, which is a part of the above fees, to the deceased on two occasions on August 10, 2006, KRW 10,000,000, and KRW 15,000,000 on August 30, 207.

(hereinafter “this case’s loan certificate”). C.

Around December 4, 2006, Defendant C and D promised to perform their responsibilities on KRW 50,000,000 between Defendant B and the Deceased. Around December 4, 2006, the Defendant C and D drafted a letter of guarantee stating that “The Defendant B did not repay KRW 25,000,000,000, interest rate of KRW 20% per annum, as Defendant B did not repay within the given period, and paid KRW 50,000,000 per annum, and the contract was terminated and the amount repaid during the said period shall be deemed not to have been paid.”

(hereinafter “instant letter of guarantee”). D.

The Defendant B paid KRW 500,000,000 on September 27, 2006 to the Plaintiff, and Defendant C paid KRW 500,000 on December 5, 2006 to the Plaintiff, January 8, 2007, October 4, 2007, and December 7, 2007, respectively.

E. The Deceased died on June 1, 2008, and upon the division of inherited property, the Plaintiff, who was the deceased’s children, solely inherited the claim based on the loan certificate and the letter of guarantee.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 4-1 to 7, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 25,00,000,000 and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from August 31, 2006 to June 3, 2014, which is the last service date of the original copy of the instant payment order, and 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

As to this, Defendant B shall assess the deceased’s damage.

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